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    • Rejection letter to be sent to the FOS   I am declining your decision of 13th April for the following reason:   Much of your decision is predicated on your view that Aviva had a “process” in place and that they follow this process and as a result the decision to enter an insurance contract in 2015 was fair. 1.      Nowhere in your decision have you explained what the process was and whether in fact the process was fair. Clearly your view is that regards of the process, all that was needed was for Aviva apparently to follow this process and any outcome would be fair.   2.      On 2 June 2021 I received a telephone call from the Aviva complaint team. During the conversation, they informed me that in fact that in 2015 the call handler had been wrong and had not followed the correct process. The Aviva caller told me that it was not part of the process for the call handler in 2015 to refer her suspicions to her manager. Clearly, if the call handler in 2015 had adhered to the correct process and allowed herself to be guided by her own suspicions then Aviva would not have agreed to provide the insurance cover and they would not have become the victim of fraud. In fact that we find is that the correct process at the very serious suspicions of the call handler were overridden by a manager. It seems evident that either Aviva has misled you as to the nature of the process or else they have not disclosed their process to you. It may even be that they do not have a written “process”. They only have “a way of doing things”. If it is correct that you have not seen the Aviva process but have simply taken their word for it, then it is clear that your investigation and your decision has for the short of any reasonable standards. If on the other hand Aviva has misled you as to the nature of the process, then I think you have a very serious issue with Aviva. I believe that you have ever seen the “process” upon which you are purporting to rely on your decision. You may be interested to know that the man who defrauded Aviva also attempted to use my identity to defraud a number of loan companies. I’m pleased to say that all of them exercise sufficient diligence that they did not become victims of the fraud. Only Aviva failed to exercise proper care and allowed themselves to be defrauded. You may also be interested to know that the police have interviewed me and they have interviewed my brother and they are preparing to charge my brother in respect of his fraudulent activity. I am under no suspicion whatsoever. The police have informed me that they will be speaking with Aviva facing fairly soon. There are many other reasons why I am refusing to accept your decision. All the other reasons turn on the fairness of your decision that the reasons above, go to the heart of your own process and the quality of your investigation. I think it’s not insignificant that I have submitted a Freedom of Information Act request and also a Data Protection Subject Access Request to you and so far you have failed to respond within statutory deadlines. I have also sent Aviva a Subject Access Request and they have extended the deadline for compliance by a full two months for spurious reasons which I do not believe. I have also asked Aviva for sight of their policies and procedures in respect of the rules that they apply to their customers for the setting up of new business and I have received no response. The Aviva website makes a show of being aware of the dangers of domestic financial abuse and they trumpet their association with the organisation Surviving Economic Abuse and they say that their staff are all trained in spotting the signs. I have asked to see their abuse policy and I have received no response. None of this is surprising.    It is clear that Aviva have acted carelessly. They were suspicious but preferred to get the new business. It is Aviva which is the victim of fraud but they prefer to try and avoid their responsibility and pass the buck onto me. I’m pointing out that it is Aviva which is the victim of fraud because I can state categorically now that I have no intention of paying any of the money which Aviva is demanding of me. I notice that Aviva prefers to harass me for an alleged debt rather than simply bring a claim in the County Court where an impartial judge would look at all the evidence including information which so far Aviva has declined to disclose.   This letter is intended to decline to accept your decision but also is intended to be my formal complaint which I wish to be escalated to the Independent Assessor. Please confirm receipt of this complaint, provide me with any policies and guidelines the Independent Assessor route and also let me know the timescales involved.   Yours faithfully
    • The G7 hasn't gone to plan, has it?   Rather than showing the UK off as a potential global leader, Johnson has probably started a trade war with the EU and is being told that other nations don't trust him.
    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
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Harlands/Xercise4Less bounced payment while on holiday.


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Hi there,

 

I realize there are a lot of threads regarding cancelling gym memberships to Xercise4Less floating around on these forums, but I am not looking to cancel my membership, rather, I'm trying to find out if there is any point in me challenging a bounced payment.

 

I have been out of the country since today (7th), and received an email dated from the 6th, saying a payment was bounced due to there being insufficient funds in the account.

Now I'm being charged a £25 administration fee, which seems absolutely ridiculous.

 

Should I chalk this down as me being stupid or can I challenge it? I'm out of the country again on Sunday for 14 days, which is past their September 16th date where they want to charge me.

 

Kind regards,

Andreas

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those fees are unlawful.

but sadly unless you cancel your DD you cant stop them taking it.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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nope you can pay gyms by bacs on your interweb banking site

there nothing that says you must pay by DD

 

but if you don't cancel it

they'll simply take it

as they've advised you 14 days in advance

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you don't go back on DD then.

 

your current DD mandate shows their account details

you use that to set up a standing order.

or simply pay manually by bacs transfer

 

its all on your banks online portal.

you do use it yes?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you can also cancel their DD there too

i'd be getting it done

as they'll probably request it early to catch you out

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi OD and welcome to CAG

 

Unless you cancel the DD mandate, Harlands will take their admin fees whether you agree or not.

 

If they take more than you're happy with, reclaim the entire DD using the DD Guarantee Scheme. You can send JUST the gym fee to Harlands by BACS as DX suggests.

 

The bank will, of course, charge you their own admin fees for the bounced DD and you can do nothing about this.

 

You'd have to cancel the DD because Harlands would continue to seek the amounts THEY want, rather than what you're happy to pay.

 

If you're happy to pay Harlands admin fee on this occasion so you can continue the m/ship, that's your prerogative.

 

:-)

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